Case details

Eli Lilly and Company (Appellant) v Actavis UK Limited and others (Respondents)

Case ID: UKSC 2016/0002

Case summary


Whether a new pemetrexed based cancer treatment produced by Actavis UK Limited and others infringes Eli Lilly and Company’s patent and its foreign designations either indirectly under section 60(2) of the Patents Act 1977 (matter for appeal) or directly under a proper interpretation of Article 69 of the Europe Patent Convention 2000 (matter for cross-appeal).


In order to market a new cancer treatment product, Actavis UK Limited and others applied for declarations of non-infringements of a European patent owned by Eli Lilly and Company and registered in the UK and the corresponding national designations in France, Italy and Spain.

Judgments appealed



Eli Lilly and Company


Actavis UK Limited and others



Lord Neuberger, Lord Mance, Lord Clarke, Lord Carnwath, Lord Hodge

Hearing start date

04 Apr 2017

Hearing finish date

06 Apr 2017